Mukti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65405 of 2023 Arising Out of PS. Case No.-484 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== 1.

MUKTI KUMAR S/O RAMJEE MAHTO VILLAGE- HASANPURWAH, PS- CHAPRA MUFFASIL, DIST- SARAN AT CHAPRA (BIHAR) 2.

SONU KUMAR S/O LATE BHOLA PRASAD VILLAGE- FENHARA, PS- TARAIYA, DIST- SARAN AT CHAPRA (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 120 liters of illegal country made liquor from a motorcycle, which was being driven by the petitioner no. 2 and petitioner no. 1 was sit as a pillion rider.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.65405 of 2023(2) dt.13-10-2023 2/3 that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners have apprehended on spot. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of these petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 29.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. The petitioner no. 2 is directed to deposit Rs. 5,000/- (Five thousand) in the account of concerned DLSA.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Government Official Comp. P.S. Case No. 484 of 2023.

8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.

Patna High Court CR. MISC. No.65405 of 2023(2) dt.13-10-2023 3/3 5,000/- (Five thousand) by the petitioner no. 2 in the account of concerned DLSA.

(Sunil Kumar Panwar, J) Arish/- U T